Local Rule 5011-1: Abstention
Bankr. W.D.N.C. — General rule
Local Rule 5011-1 Abstention
(a) Adversary Proceedings. In adversary proceedings, any motion for abstention pursuant to 28 U.S.C. § 1334(c) shall be filed no later than the time allowed for a response or answer to the complaint.
(b) Contested Matters. In contested matters, any motion for abstention pursuant to § 1334(c) shall be filed no later than the time allowed for response or objection.
(c) Where to File. Whether the requested abstention is mandatory or discretionary, motions to abstain pursuant to § 1334(c) shall be directed to the bankruptcy court. However, motions to abstain in cases involving claims within 28 U.S.C. § 157(b)(5) shall be directed to the United States District Court.